SUPREME COURT OF THE STATE OF NEW YORK

COUNTY OF [COUNTY]

Index No.: __

[PLAINTIFF LEGAL NAME],
Plaintiff,

— against —

[DEFENDANT LEGAL NAME],
Defendant.

VERIFIED COMPLAINT

(Breach of Contract)

[LAW FIRM NAME]
Attorneys for Plaintiff
[Address]
[Telephone]
[E-Mail]

[// GUIDANCE: This template tracks New York pleading requirements under N.Y. C.P.L.R. (“CPLR”) §§ 3011–3013 and is formatted for the Supreme Court (the trial-level court of general jurisdiction). Replace every bracketed placeholder before filing. Attach a Summons (CPLR § 305) when serving the Complaint.]

TABLE OF CONTENTS

1. Parties ................................................................................. ¶¶ 1–2
2. Jurisdiction & Venue ............................................................ ¶¶ 3–4
3. Facts Common to All Claims ............................................. ¶¶ 5–16
4. First Cause of Action – Breach of Contract ................... ¶¶ 17–23
5. Damages ........................................................................... ¶¶ 24–26
6. Demand for Relief ............................................................... p. 7
7. Jury Demand (Optional) .................................................... p. 8
8. Verification ........................................................................ p. 9
9. Certificate of Service (Optional) ....................................... p. 10
10. Exhibit A – Copy of Contract .......................................... attached

PARTIES

1. Plaintiff. [PLAINTIFF LEGAL NAME] (“Plaintiff”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS].

2. Defendant. [DEFENDANT LEGAL NAME] (“Defendant”) is a [corporation/LLC/individual] organized under the laws of [STATE] with its principal place of business at [ADDRESS] and transacts business in the County of [COUNTY], New York.

JURISDICTION AND VENUE

3. This Court has subject-matter jurisdiction under CPLR § 301 because the dispute arises under New York contract law and the amount in controversy exceeds the monetary limits of the lower courts.

4. Venue is proper in this County under CPLR § 503(a) because [at least one party resides here / the contract was executed or to be performed here / the disputed property is situated here].

FACTS COMMON TO ALL CLAIMS

5. On [DATE], Plaintiff and Defendant entered into a written agreement titled “[TITLE OF CONTRACT]” (the “Contract”). A true and correct copy is attached as Exhibit A.

6. Under the Contract, Plaintiff agreed to [briefly describe Plaintiff’s obligations] and Defendant agreed to [briefly describe Defendant’s obligations], including payment of $[AMOUNT] to Plaintiff on or before [DATE] (the “Payment Due Date”).

7. Plaintiff fully performed, or was ready, willing, and able to perform, all of its material obligations under the Contract.

8. Defendant materially breached the Contract by, inter alia,
   a. Failing to pay the $[AMOUNT] due on the Payment Due Date; and
   b. [Any additional breaches].

9. On [DATE], Plaintiff provided written notice of default and an opportunity to cure within [number] days, as required by the Contract.

10. Defendant failed to cure the breach within the contractual cure period and remains in default.

11. As a direct and proximate result of Defendant’s breach, Plaintiff has suffered monetary damages of no less than $[AMOUNT], plus continuing losses.

12. The Contract expressly provides that New York law governs and that the parties submit to the exclusive jurisdiction of New York state courts.

13. The Contract permits Plaintiff to seek injunctive relief in addition to monetary damages to prevent further harm.

14. Plaintiff has satisfied all conditions precedent to the institution of this action, or such conditions have been waived or excused.

15. Plaintiff has demanded payment from Defendant, but Defendant has refused and continues to refuse to perform.

16. Plaintiff repeats and realleges Paragraphs 1 through 15 as if set forth fully herein.

FIRST CAUSE OF ACTION

(Breach of Contract)

17. Plaintiff and Defendant are parties to the valid and enforceable Contract.

18. Plaintiff performed all, or substantially all, of its contractual obligations.

19. Defendant materially breached the Contract by the acts and omissions described above.

20. Defendant’s breach was without legal excuse or justification.

21. Plaintiff has sustained foreseeable damages directly resulting from Defendant’s breach, including but not limited to unpaid sums, consequential damages, interest, and costs.

22. Pursuant to CPLR § 5001, Plaintiff is entitled to prejudgment interest from the date of breach.

23. Plaintiff is further entitled to attorneys’ fees and costs as provided in Section [__] of the Contract.

DAMAGES

24. Plaintiff has incurred damages in the principal amount of $[AMOUNT], together with interest, late charges, and contractual liquidated damages (if any).

25. Pursuant to CPLR § 5001, prejudgment interest accrues at the statutory rate of 9% per annum from [DATE].

26. Plaintiff has incurred, and will continue to incur, reasonable attorneys’ fees and litigation expenses in prosecuting this action.

DEMAND FOR RELIEF

WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as follows:

a. Awarding compensatory damages in an amount to be determined at trial, but not less than $[AMOUNT];

b. Awarding prejudgment interest pursuant to CPLR § 5001;

c. Awarding contractual attorneys’ fees, costs, and disbursements;

d. Granting permanent and/or preliminary injunctive relief enjoining Defendant from [specify conduct] pending final resolution;

e. Awarding post-judgment interest; and

f. Granting such other and further relief as the Court deems just and proper.

JURY DEMAND (Optional)

[PLAINTIFF DEMANDS / PLAINTIFF HEREBY WAIVES] trial by jury on all issues so triable.
[// GUIDANCE: NY courts require filing fees for jury demands (CPLR § 4102). Delete the inapplicable option.]

DATED : [DATE]

[City], New York

Respectfully submitted,

[ATTORNEY NAME]
[LAW FIRM NAME]
Attorneys for Plaintiff
[Address]
[Phone / Fax]
[E-Mail]

VERIFICATION (If required)

STATE OF NEW YORK )
:ss.:
COUNTY OF [COUNTY] )

I, [NAME], being duly sworn, depose and say:

1. I am the [title] of [Plaintiff].
2. I have read the foregoing Verified Complaint and know the contents thereof.
3. The same is true to my knowledge, except as to matters stated on information and belief, and as to those matters I believe them to be true.

[NAME]

Sworn to before me this
day of _ 20

Notary Public

CERTIFICATE OF SERVICE (Optional – for e-filing/ subsequent service)

I certify that on [DATE] a true copy of the foregoing Verified Complaint was served on Defendant’s counsel by [method] pursuant to CPLR § 2103.

[ATTORNEY NAME]

EXHIBIT A

Copy of the Contract dated [DATE] between Plaintiff and Defendant.

[// GUIDANCE: Attach the executed contract, all amendments, and any relevant notices of default to streamline future discovery and motion practice.]